Slashdot Mirror

Kensai7 writes "The much-awaited Nokia Ovi Store opened for business yesterday. By following a business model similar to that of successful rival Apple for the iPhone, Nokia is trying to provide developers and customers a vast portfolio of Symbian OS applications, games, widgets, etc. TechCrunch took a look at some of the more interesting applications available at the start, but was disappointed by the launch itself. The Ovi Store team acknowledged some difficulties due to high levels of traffic."

suraj.sun sends in an update from TechCrunch on a story that generated a lot of controversy a few months back, "Did Last.fm Just Hand Over User Listening Data To the RIAA?" "Now we've located another source for the story, someone who's very close to Last.fm. And it turns out Last.fm was telling the truth, sorta... Last.fm didn't hand user data over to the RIAA. According to our source, it was their parent company, CBS, that did it. Here's what we believe happened: CBS requested user data from Last.fm, including user name and IP address. CBS wanted the data to comply with a RIAA request but told Last.fm the data was going to be used for 'internal use only.' It was only after the data was sent to CBS that Last.fm discovered the real reason for the request. Last.fm staffers were outraged, say our sources, but the data had already been sent to the RIAA. We believe CBS lied to us when they denied sending the data to the RIAA, and that they subsequently asked us to attribute the quote to Last.fm to make the statement defensible. Last.fm's denials were strictly speaking correct, but they ignored the underlying truth of the situation, that their parent company supplied user data to the RIAA, and that the data could possibly be used in civil and criminal actions against those users."

suraj.sun sends in an update from TechCrunch on a story that generated a lot of controversy a few months back, "Did Last.fm Just Hand Over User Listening Data To the RIAA?" "Now we've located another source for the story, someone who's very close to Last.fm. And it turns out Last.fm was telling the truth, sorta... Last.fm didn't hand user data over to the RIAA. According to our source, it was their parent company, CBS, that did it. Here's what we believe happened: CBS requested user data from Last.fm, including user name and IP address. CBS wanted the data to comply with a RIAA request but told Last.fm the data was going to be used for 'internal use only.' It was only after the data was sent to CBS that Last.fm discovered the real reason for the request. Last.fm staffers were outraged, say our sources, but the data had already been sent to the RIAA. We believe CBS lied to us when they denied sending the data to the RIAA, and that they subsequently asked us to attribute the quote to Last.fm to make the statement defensible. Last.fm's denials were strictly speaking correct, but they ignored the underlying truth of the situation, that their parent company supplied user data to the RIAA, and that the data could possibly be used in civil and criminal actions against those users."

OSXGlitch writes "A post on TechCrunch this morning extends the rumor that Apple wants to buy Twitter with part of their massive cash reserve (estimated at nearly $29B). The Twitterverse is alive with speculation that the price being discussed is $700 million. This goes against reports that Twitter's founders aren't interested in selling, and that they estimate the value of the company at around $250 million. Two questions: How do we all feel about the possibility of Apple owning Twitter? And, can Twitter decline an offer that is nearly three times their estimated worth?"

Hugh Pickens writes "Erick Schonfeld has an interesting story in TechCrunch about a consortium of publishers including Reuters, the Magazine Publishers of America, and Politico that plans to take a new approach towards the proliferation of splogs (spam blogs) and other sites which republish the entire feed of news sites and blogs, often without attribution or links. For any post or page which takes a full copy of a publisher's work, the Fair Syndication Consortium thinks the ad networks should pay a portion of the ad revenues being generated by those sites. Rather than go after these sites one at a time, the Fair Syndication Consortium wants to negotiate directly with the ad networks which serve ads on these sites: DoubleClick, Google's AdSense, and Yahoo. One precedent for this type of approach is YouTube's Content ID program, which splits revenues between YouTube and the media companies whose videos are being reused online. How would the ad networks know that the content in question belongs to the publisher? Attributor would keep track of it all and manage the requests for payment. The consortium is open to any publisher to join, including bloggers. It may not be the perfect solution but 'it is certainly better than sending out thousands of takedown notices' writes Schonfeld."

TechCrunch has released a few more technical details, pictures, and general comments about their CrunchPad project as a recent accidental leak saw a new round of images posted to the web. It seems that the tablet has continued to grow and evolve with the help of an Intel Atom chip (as opposed to the Via chip previously used), new software from Fusion Garage, and a bottom-up Linux install. "I wanted something I couldn't buy, and found people who said it could be built for a lot less than I imagined. The goal — a very thin and light touch screen computer, sans physical keyboard, that has no hard drive and boots directly to a browser to surf the web. The operating system exists solely to handle the hardware drivers and run the browser and associated applications. That's it."

DrEldarion writes "The Associated Press, who has been acting very bipolar lately about Google News (they get paid by Google for their content, and then complain about Google 'stealing' that content), has another issue with not knowing what their association is up to: they set up a channel on Youtube, and then threatened an AP affiliate for embedding that content."

TechCrunch is running a story about three possible security issues with Google Docs recently uncovered by researcher Ade Barkah. It turns out that an image embedded into a protected document is given a URL which is not protected, allowing anyone who knows or guesses it to see the image regardless of permissions or even the existence of the document. Barkah also pointed out that once you've shared a document with another person, that person can see diagram revisions from any point before they gained access, forcing you to create a new document if you need to redact something. The last issue, the mechanics of which he disclosed only to Google, affects the document-sharing invitation forwarding system, which can allow somebody access to your documents after you've removed their permissions. Google made a blog post to respond to these concerns, saying that they "do not pose a significant security risk," but are being investigated. We previously discussed a sharing bug in Google Docs that was fixed earlier this month.

CBRcrash writes "Apparently, if iPhone users decide that they want a refund for an app (users can get a refund within 90 days, according to Apple policy), Apple requires that developers give back the money they received from the sale. But, here's the kicker: Apple will refund the full amount to the user and says that it has the right to keep its commission. So, the developer not only has to return the money for the sale, but also has to reimburse Apple for its commission."

RichardDeVries writes "Three weeks ago, I contacted Google about a bug in Google Docs that shared documents without permission. The issue has been resolved and affected documents have had their collaborators removed. The documents' owners have been notified: 'To help remedy this issue, we have used an automated process to remove collaborators and viewers from the documents that we identified as being affected. Since the impacted documents are now accessible only to you, you will need to re-share the documents manually.' See my journal entry for details on my contact with Google. Although I think Google handled the issue admirably, this raises questions (again) about cloud computing, as well as Google's eternal beta-status for a lot of their services."

nandemoari writes "Internet radio site Last.fm has denied reports that it told the record industry which of its members had listened to a leaked U2 album. The site claims the entire story, published by Techcrunch, was made up. Last week the record industry became extremely concerned after U2's forthcoming album appeared on several torrent file sharing sites. While there is no way any users could have acquired the album through Last.fm, the site's statistics suggest that more than 8,000 users have played the unreleased album on their machines."

An anonymous reader writes "According to TechCrunch, Ruckus, the ad-supported music service targeted at college students, has closed down for good. Ruckus was notable for its poorly-designed client software and .wma-only DRM-laden catalog of 3,000,000 tracks, somewhat less than half the size of the iTunes catalog."

holy_calamity writes "TechCrunch blogger Mike Arrington decided last year to invent a new class of low-cost internet tablet using open source hardware and software. The second prototype has been unveiled, sporting a 12-inch touchscreen powered by a Via Nano processor, 1 GB of ram and a 4 GB flash drive. It runs a browser and nothing else on top of a custom Linux build. 'Resolution is 1024×768, which means the vast majority of websites are viewed in full width without scrolling. The device also has wifi, an accelerometer (so when you turn the screen on its side you can view more of a web page), a camera and a four cell battery.'"

deltaromeo points out a BBC report calling the UK's law requiring ISPs to retain users' emails for at least a year an "attack on rights." The article also points out financial and technical flaws with the plan (which we first discussed in October). TechCrunch goes a step further, detailing how it conflicts with other governmental goals. Quoting: "...with one hand the government seeks to lock down the British Internet with an iron fist, while at the same time telling us it is boosting innovation and business online. It is quite clearly blind to the fact that one affects the other. Are we also expected to think that the consumers using online services are not going to be put off from engaging in the boom of 'sharing' that Web 2.0 created? How would you feel if every Twitter you sent, every video uploaded, was to be stored and held against you in perpetuity? That may not happen, but the mere suggestion that your email is no longer private would serve to kill the UK population's relish for new media stone dead, and with it large swathes of the developing online economy."

Ender_Stonebender writes "TechCrunch is reporting that three independent sources have mentioned to them a large form factor version of the iPod Touch, with either a 7- or 9-inch screen, to be released fall of 2009. The device is expected to have access to the iTunes App Store. Beyond that, everything about it appears to be pure speculation."

rsmiller510 writes "In a wide-ranging interview with Tech Crunch's Michael Arrington on Wednesday at Le Web in Paris, Google's Marissa Mayer talked about all things Google, but what I found most interesting was when the conversation turned toward the future of search. Mayer said the key to the future of search lies in personalization. ... Mayer said in the future, Google (and presumably other search tools) will understand more about the user and be able to deliver more relevant information based on that knowledge. 'We think that when you look at the winning search engine in 2020 and what traits it's likely to have, we think the one thing that will be true is that it will understand more about you the user.'" Video of the interview with Mayer is available at Tech Crunch. The personalization of search content focuses mainly on SearchWiki, which we discussed when it went live last month. The Register has a more cynical take on the discussion, seizing on comments by Mayer which indicated Google employees may evaluate SearchWiki's user ratings and use them to make "obvious changes" to search results for everyone.

turnkeylinux writes "TechCrunch is reporting that eBay is under fire from users because of a holiday giveaway contest gone awry. On Tuesday Nov. 25, eBay announced its $1 Holiday Doorbusters deals promotion, giving away 100 gifts on a daily basis, all for a $1 fixed price. The gifts ranged from jewelry, clothing, digital cameras, and GPS devices to a brand-new Chevrolet Corvette. The only catch is that there's no announcement on when these items are released or in which category they will be. But cheaters came up with a clever way of winning deals on an automated basis by continuously running scripts to bid on items for $1."

strikeleader writes "TechCrunch has an article from an interview with General Kevin Chilton, US STRATCOM commander and the head of all military cyber warfare. Who protects us? 'Basically no one. At most, a number of loose confederations of computer scientists and engineers who seek to devise better protocols and practices — unincorporated groups like the Internet Engineering Task Force and the North American Network Operators Group. But the fact remains that no one really owns security online, which leads to gated communities with firewalls — a highly unreliable and wasteful way to try to assure security.'"

Got Game recently announced the launch of an in-game web browser called Rogue, designed for concurrent use with modern games for those who don't care to to switch back and forth. Their aim is to make it so gamers can more easily keep themselves entertained during downtime in games, and to streamline information retrieval without missing any of the action. An anonymous reader writes with related news from Gamasutra: "This article details the practical steps for game developers to add a video recording feature to a game, encode gameplay footage in the Theora video format, and share the recording on YouTube. Spore's Creature Creator, PixelJunk Eden, and Mainichi Issho already support YouTube, but not only commercial games benefit. By hosting the videos, YouTube puts this feature in reach of indie game developers who might otherwise not be able to afford the server resources."

TechDirt is reporting on a disappointing development out of Canada. An Ontario transportation board has fined PickupPal, a Web-based service for arranging carpools, because a local bus company complained of the competition. (TechCrunch apparently first broke the story.) "[The transportation board has] established a bunch of draconian rules that any user in Ontario must follow if it uses the service — including no crossing of municipal boundaries — meaning the service is only good within any particular city's limits. It's better than being shut down completely, and the service can still operate elsewhere around the world, but this is yet another case where we see regulations, that are supposedly put in place to improve things for consumers, do the exact opposite."

theodp writes "TechFlash reports that Microsoft bigwigs like Craig Mundie and Bill Gates (when he still worked there) have been secretly moonlighting at Intellectual Ventures (IV), the 'patent extortion fund' run by Bill's pal Nathan Myhrvold. A Microsoft spokesman confirmed that its technologists have been sitting in on IV-sponsored 'innovation sessions,' where their pearls of wisdom were captured and turned into patent applications for Searete, an IV shadow corporate entity. And if all goes well, Searete will soon enjoy exclusive rights to the fruit of the brainstorming, which includes processes ranging from determining and rewarding 'influencers' to treating malaria, HIV, TB, hepatitis, smallpox, and cancer."

An anonymous reader points out news that the music and movie studios are attempting to develop a new type of DRM that would allow customers more flexibility in playing content on multiple devices. The Digital Entertainment Content Ecosystem (DECE) would establish a list of devices in your personal "domain" (unrelated to web domains), and minimizes or removes restrictions within that domain. TechCrunch summarizes DECE and notes that many of the big corporations have decided to support it. "The ecosystem envisioned by Singer et al revolves around a common set of formats, interfaces and other standards. Devices built to the DECE specifications would be able to play any DECE-branded content and work with any DECE-certified service. The goal is to create for downloads the same kind of interoperability that's been true for physical products, such as CDs and DVDs. Where it gets really interesting, though, is the group's stated intention to make digital files as flexible and permissive as CDs, at least within the confines of someone's personal domain. Once you've acquired a file, you could play it on any of your devices -- if it couldn't be passed directly from one DECE-ready device to another, you'd be allowed to download additional copies. And when you're away from home, you could stream the file to any device with a DECE-compatible Web browser."

holy_calamity writes "Big mouth tech blogger Mike Arrington decided earlier this year to 'teach gadget-makers a lesson' and make his own portable, touch screen web tablet. The first, very rough, prototype is complete. Despite the claims it would be fully open source — even the hardware — there's no sign of a project site or any other openness yet."

Naturalist writes "Exact data on (the Linux-powered) Kindle sales figures have been hard to come by. Amazon is notoriously tight-lipped about it, and although CEO Jeff Bezos did give some Kindle-related information back in July, the company has yet to break out how many readers it has sold to date. Now TechCrunch claims to have spoken to a source close to Amazon with direct knowledge of the company's sales figures. According to this unnamed source, Amazon has sold 240,000 Kindles to date, for an estimated hardware revenue between $86 million and $96 million; media sales would push the total above $100M." We've been following the Kindle since its launch nine months ago.

David Barrett writes "If you sell three billion ads a month and can't break even, what do you do? Drop prices by 40% and switch business models, apparently. Is this an isolated incident, or does it contribute to the growing pile of evidence that ad inventory is overpriced industry-wide, with Google being the worst offender due to its policy of requiring minimum bids on keywords that would otherwise go for cheap? Check out this analysis on my blog and make up your own mind."

I Don't Believe in Imaginary Property writes "A Florida patent troll called Channel Intelligence is suing everyone from Lemonade to Remember the Milk for infringing on patent 6,917,941, which covers storing a wishlist in a database. Amazon and eBay are absent from the list of targets, even though they very likely store users' wishlists in a database. With any luck, perhaps one of the defendants will get to use that precedent PJ found the other day from In re Lintner, which said, '[c]laims which are broad enough to read on obvious subject matter are unpatentable even though they also read on non-obvious subject matter.'"

RKo618 writes "TechCrunch announced that they are planning to design their own $200 web tablet device. Quoting: 'The idea is to turn it on, bypass any desktop interface, and go directly to Firefox running in a modified Kiosk mode that effectively turns the browser into the operating system for the device. Add Gears for offline syncing of Google docs, email, etc., and Skype for communication and you have a machine that will be almost as useful as a desktop but cheaper and more portable than any laptop or tablet PC.' The aim is for the tablet to run on modified open source software, which will be released back to the community along with the specifications for the hardware."

orenh writes "Recent data indicate that Apple engineers have significantly lower salaries than their Silicon Valley peers: $89,000 at Apple, versus $105,000 at Yahoo and $112,000 at Google. Paying lower salaries had a major impact on Apple's bottom line when it was struggling in the market up until 2004. But now that Apple is highly profitable, these lower salaries are no longer a factor in Apple's success. Will Apple have to raise salaries to match the market rate, or face defections?"

Slashdot contributor Bennett Haselton has written in with a tale of media rippers and corporate giants "In 2001 RealNetworks sued and blocked Streambox from distributing the Ripper, a program that let users rip and save RealAudio and RealVideo streams even if the stream contained a proprietary "do not copy" flag. Then one year ago this month, RealNetworks caused a stir by releasing a beta of RealPlayer 11 that similarly let the user record and save streams from sites like YouTube and Pandora. YouTube rippers and the like had existed before, but this was the first time a major company had included a stream ripper in its media player. And while RealPlayer 11 didn't explicitly ignore any copy protection flags, the release still provoked legal rumblings: in a Variety article by Scott Kirsner, an anonymous network exec said accused RealNetworks of 'aiding and abetting piracy' and said that they would 'more likely than not' take action against RealNetworks. But now that the feature has stayed in RealPlayer for a year, its real impact will be not on piracy but on the perceived legitimacy of ripping programs. The corporate behemoth, raked over the coals in the past for privacy violations and nuisance-ware, strikes a blow for free-culture hackers." The rest of Bennett's essay is available by following that magical link right below these words.

First, the reasons I don't think that RealPlayer has much effect on actual piracy. Yes, if a pirate has uploaded your favorite song to YouTube, you can save a copy of the video file to hear the song over and over, but you can do the same thing on YouTube itself as long as you're connected to the Internet. The anonymous network exec in the Variety article points out that RealPlayer "allows you to own [content] forever on your hard drive, even if the Web site that distributed that content illegally has taken it down in because we've complained." But regardless of what complaints they've been sending, almost all popular songs are currently available for listening on YouTube so that anyone with a Net connection can get them on demand, and that's a separate issue, with or without RealPlayer.

So then it becomes a question of whether RealPlayer enables the user to do more interesting things with the song or video, like take it with them on an iPod. RealPlayer only lets you save YouTube videos as an FLV file. But as long as doing things like playing an FLV file on an iPod requires an outside hack, that option is only available to people who are resourceful enough to go out and find tools like that (admittedly not a very high bar, but too hard for many people). So, suppose you define a "resourceful" person as someone smart enough to figure out how to convert an FLV file into an iPod-viewable format. Then there are two possibilities: (a) either a person is not that "resourceful", in which case if they want content to take with them, they'll still have to get it through legitimate channels like the iTunes store, or (b) if the person is "resourceful", they would have known about tools for ripping YouTube videos to MP3, long before RealPlayer 11 came out (in fact, most sites that come up in a search for "flv to mp3 converter" are just rippers specifically for YouTube). In either case, RealPlayer's ability to save FLV files has no impact on the market for the song.

I haven't talked about some outlier cases where RealPlayer could perhaps help a novice user avoid paying for content (if a novice pirate didn't know enough to download a movie from a BitTorrent network, they could perhaps save up enough interesting videos from YouTube for a long plane ride where they won't have Internet access). But there's an easy way to get a verdict on RealPlayer's impact on piracy: How much have you heard teenagers talking about it? You heard teens through the years buzzing about Napster, KaZaA, and BitTorrent, but... RealPlayer? The cliche among teenagers today is to go "find something on YouTube", but "and then grab it with RealPlayer" has yet to prove useful enough to enter the vernacular.

Similarly, RealPlayer can be used to rip streams from Pandora, but it's just hard enough to do it that most people are likely to give up. Before going into details, I should say that I'm against anyone trying to circumvent paying for music. Most of the time when you read that on the Web, it carries this nudge-wink subtext right before the author launches into a detailed description about how, exactly, to circumvent paying for music. But I really do believe that there is a vast untapped potential of unwritten good music out there, and that it could be tapped if there were only lower barriers of entry for musicians, better channels to distribute music to users, and a guarantee that users would pay instead of stealing it -- all of which is helped by services like Pandora. On the other hand, I also believe that if a copying scheme can be circumvented, and especially if it can be circumvented in a way that's fairly easy to discover, there's no point in keeping it secret: We might as well push things forward by acknowledging that the scheme is beatable, and deciding what to do about it.

The outing commences: if you save a stream from Pandora, RealPlayer will give you an error if you try to play the stream back from your RealPlayer library. But if you find the "mp4" file in your RealPlayer downloads, you can play it in WinAmp. However, the file as saved will not play in Windows Media Player, iTunes, or RealPlayer itself. Plus, since Pandora does not let you pick which song you want to listen to on demand, your stream might contain all the songs that you had to skip past to get the one you wanted, and you'd have to find a utility to edit the mp4 file to get rid of that cruft at the beginnig. At some point, the effort probably exceeds the dollar you'd have to pay to get the song on iTunes (or, if you're a pirate, the effort to find it on a p2p network).

Again, the "teenager buzz test" is instructive. You do hear kids these days talking about listening to songs on Pandora, but not about ripping them with RealPlayer.

Where I think RealPlayer will make the most difference in the long run is in its political and legal impact, by legitimizing stream-ripping as something that "real" companies, so to speak, are allowed to do. In 2006, Google sent a cease-and-desist letter to TechCrunch for hosting a tool that lets users save YouTube videos to their hard drives. Michael Arrington of TechCrunch blogged at the time, "I am likely to remove the tool to preserve my relationship with the company [Google/YouTube]", but the tool is still up, and I don't know whether it was ever taken down at all (TechCrunch did not respond to an inquiry). Today, there are more YouTube rippers than ever, several of them even running AdSense ads. (I'm not sure if that's within Google's rules, but I mentioned those sites while e-mailing back and forth with Google for this article, and they're all still running AdSense ads a week later.) Certainly Google would look pretty silly trying to force TechCrunch to take their ripper down today, now that Google itself is distributing RealPlayer as part of the Google Pack.

RealNetworks could argue that the main difference between RealPlayer 11, and the Streambox Ripper that they sued to have outlawed in 2001, was that the Streambox Ripper ignored the "do not copy" flag present in some RealAudio and RealVideo streams, and thus violated the Digital Millenium Copyright Act. RealNetworks says the do-not-copy flag is no longer used, having been supplanted by more sophisticated Digital Rights Management, and RealPlayer 11 will honor any DRM-protected streams and refuse to save them. But how much difference is there between "ignoring" the do-not-copy flag and "ignoring" the Terms of Service for sites like YouTube (which the program may not be aware of, but which its makers certainly are)?

We've all heard about the First Amendment implications of DeCSS code, the code for decrypting the copy-protection scheme on DVDs, being outlawed in the U.S. But the Streambox case set the bar for "violating the DMCA" considerably lower -- the Streambox Ripper didn't actively decrypt anything, it just ignored a flag set in the streaming media. What are the implications if "ignoring" a flag counts as "breaking" copy protection? Suppose Behemoth Corp releases Version 1 of some media format, and I release a third-party player that plays Version 1. Then Behemoth Corp releases the specs for Version 2 of the format, which is similar enough that it works in Version 1 players, except Version 2 now contains a "do-not-copy" flag, which my player doesn't know about. Is my player now illegal? (Well, in this case Behemoth Corp would just make sure that Version 2 doesn't play in Version 1 players. But what about general-purpose programs like Total Recorder that can record any sound playing through your computer to an MP3 file? Does that program become illegal if a company releases a new sound file format that they don't want to be copyable?) So I think the acceptance of RealPlayer has nudged us closer to legal acceptance of software that can interact with third-party sites and programs in a way that their makers don't like. That's good. It should not be against the law to make a program that interacts with third-party web sites in a way that they haven't given permission for, something I literally grew up saying.

It's brave of Google especially to be distributing RealPlayer along with the Google Pack, at the same time that YouTube is constantly attacked for enabling copyright violations. A content owner mounting a lawsuit against Google, would be foolish not to say something like, "Your Honor, not only does YouTube host thousands of videos violating the intellectual property rights of my clients, they even distribute a tool called RealPlayer that lets people violate YouTube's own Terms of Service by saving the videos to their hard drive!" Logically, of course, it's a weak argument -- RealPlayer is universally available whether Google distributes it or not -- but rhetorically the argument is golden.

On the other hand, since that hasn't happened, and RealPlayer 11 is pretty well entrenched after being out for a year, the result has probably been an expansion of our rights. Anyone else who got sued or threatened for releasing a ripping program would be able to point to RealNetworks. "Look at them, Your Honor, their Web site even tells people, 'Grab videos from thousands of Web sites with just one click', something that those 'thousands of Web sites' would probably not be thrilled with. If it's legal for RealNetworks to tell people that, how can it be illegal for me just to have a ripping program on my site?"

If a small-time programmer had made themselves a legal test case before RealPlayer 11 came out, things might have gone differently; it is an unfortunate truth that courts are probably more likely to consider something legal when it is done by a large and legitimate-looking company like RealNetworks. Big companies do well in court partly because their lawyers are paid to make good arguments, but they almost certainly also get more benefit of the doubt just by virtue of being big companies. I think the time is long overdue for using controlled experiments to measure the bias and objectivity of judges -- for example, having different actors, one white and one black, go into different courtrooms for "mock trials" (which the judges think are real), where both actors are standing trial for exactly identical crimes and their lawyers say exactly identical things, and repeat this experiment enough times to see how differently black and white defendants are treated. (We already see this, for example, in the disparity of sentences for powder cocaine vs. crack, but skeptics may have a point when they say that's not a controlled experiment, because the effects of crack and cocaine are different.) Similarly, have mock trials where a small-time "activist" and a large company are sued for doing exactly the same thing. I would bet that the disparity in the outcomes of those cases would far exceed any bias due to race or gender.

But since it was RealNetworks, with their lawyers and their NASDAQ listing and their former exec in the U.S. Senate, that brought ripping to the masses, that probably makes it OK for you and me. It's not fair, but in this case, it's a good thing.

Slashdot contributor Bennett Haselton has written in with a tale of media rippers and corporate giants "In 2001 RealNetworks sued and blocked Streambox from distributing the Ripper, a program that let users rip and save RealAudio and RealVideo streams even if the stream contained a proprietary "do not copy" flag. Then one year ago this month, RealNetworks caused a stir by releasing a beta of RealPlayer 11 that similarly let the user record and save streams from sites like YouTube and Pandora. YouTube rippers and the like had existed before, but this was the first time a major company had included a stream ripper in its media player. And while RealPlayer 11 didn't explicitly ignore any copy protection flags, the release still provoked legal rumblings: in a Variety article by Scott Kirsner, an anonymous network exec said accused RealNetworks of 'aiding and abetting piracy' and said that they would 'more likely than not' take action against RealNetworks. But now that the feature has stayed in RealPlayer for a year, its real impact will be not on piracy but on the perceived legitimacy of ripping programs. The corporate behemoth, raked over the coals in the past for privacy violations and nuisance-ware, strikes a blow for free-culture hackers." The rest of Bennett's essay is available by following that magical link right below these words.

First, the reasons I don't think that RealPlayer has much effect on actual piracy. Yes, if a pirate has uploaded your favorite song to YouTube, you can save a copy of the video file to hear the song over and over, but you can do the same thing on YouTube itself as long as you're connected to the Internet. The anonymous network exec in the Variety article points out that RealPlayer "allows you to own [content] forever on your hard drive, even if the Web site that distributed that content illegally has taken it down in because we've complained." But regardless of what complaints they've been sending, almost all popular songs are currently available for listening on YouTube so that anyone with a Net connection can get them on demand, and that's a separate issue, with or without RealPlayer.

So then it becomes a question of whether RealPlayer enables the user to do more interesting things with the song or video, like take it with them on an iPod. RealPlayer only lets you save YouTube videos as an FLV file. But as long as doing things like playing an FLV file on an iPod requires an outside hack, that option is only available to people who are resourceful enough to go out and find tools like that (admittedly not a very high bar, but too hard for many people). So, suppose you define a "resourceful" person as someone smart enough to figure out how to convert an FLV file into an iPod-viewable format. Then there are two possibilities: (a) either a person is not that "resourceful", in which case if they want content to take with them, they'll still have to get it through legitimate channels like the iTunes store, or (b) if the person is "resourceful", they would have known about tools for ripping YouTube videos to MP3, long before RealPlayer 11 came out (in fact, most sites that come up in a search for "flv to mp3 converter" are just rippers specifically for YouTube). In either case, RealPlayer's ability to save FLV files has no impact on the market for the song.

I haven't talked about some outlier cases where RealPlayer could perhaps help a novice user avoid paying for content (if a novice pirate didn't know enough to download a movie from a BitTorrent network, they could perhaps save up enough interesting videos from YouTube for a long plane ride where they won't have Internet access). But there's an easy way to get a verdict on RealPlayer's impact on piracy: How much have you heard teenagers talking about it? You heard teens through the years buzzing about Napster, KaZaA, and BitTorrent, but... RealPlayer? The cliche among teenagers today is to go "find something on YouTube", but "and then grab it with RealPlayer" has yet to prove useful enough to enter the vernacular.

Similarly, RealPlayer can be used to rip streams from Pandora, but it's just hard enough to do it that most people are likely to give up. Before going into details, I should say that I'm against anyone trying to circumvent paying for music. Most of the time when you read that on the Web, it carries this nudge-wink subtext right before the author launches into a detailed description about how, exactly, to circumvent paying for music. But I really do believe that there is a vast untapped potential of unwritten good music out there, and that it could be tapped if there were only lower barriers of entry for musicians, better channels to distribute music to users, and a guarantee that users would pay instead of stealing it -- all of which is helped by services like Pandora. On the other hand, I also believe that if a copying scheme can be circumvented, and especially if it can be circumvented in a way that's fairly easy to discover, there's no point in keeping it secret: We might as well push things forward by acknowledging that the scheme is beatable, and deciding what to do about it.

The outing commences: if you save a stream from Pandora, RealPlayer will give you an error if you try to play the stream back from your RealPlayer library. But if you find the "mp4" file in your RealPlayer downloads, you can play it in WinAmp. However, the file as saved will not play in Windows Media Player, iTunes, or RealPlayer itself. Plus, since Pandora does not let you pick which song you want to listen to on demand, your stream might contain all the songs that you had to skip past to get the one you wanted, and you'd have to find a utility to edit the mp4 file to get rid of that cruft at the beginnig. At some point, the effort probably exceeds the dollar you'd have to pay to get the song on iTunes (or, if you're a pirate, the effort to find it on a p2p network).

Again, the "teenager buzz test" is instructive. You do hear kids these days talking about listening to songs on Pandora, but not about ripping them with RealPlayer.

Where I think RealPlayer will make the most difference in the long run is in its political and legal impact, by legitimizing stream-ripping as something that "real" companies, so to speak, are allowed to do. In 2006, Google sent a cease-and-desist letter to TechCrunch for hosting a tool that lets users save YouTube videos to their hard drives. Michael Arrington of TechCrunch blogged at the time, "I am likely to remove the tool to preserve my relationship with the company [Google/YouTube]", but the tool is still up, and I don't know whether it was ever taken down at all (TechCrunch did not respond to an inquiry). Today, there are more YouTube rippers than ever, several of them even running AdSense ads. (I'm not sure if that's within Google's rules, but I mentioned those sites while e-mailing back and forth with Google for this article, and they're all still running AdSense ads a week later.) Certainly Google would look pretty silly trying to force TechCrunch to take their ripper down today, now that Google itself is distributing RealPlayer as part of the Google Pack.

RealNetworks could argue that the main difference between RealPlayer 11, and the Streambox Ripper that they sued to have outlawed in 2001, was that the Streambox Ripper ignored the "do not copy" flag present in some RealAudio and RealVideo streams, and thus violated the Digital Millenium Copyright Act. RealNetworks says the do-not-copy flag is no longer used, having been supplanted by more sophisticated Digital Rights Management, and RealPlayer 11 will honor any DRM-protected streams and refuse to save them. But how much difference is there between "ignoring" the do-not-copy flag and "ignoring" the Terms of Service for sites like YouTube (which the program may not be aware of, but which its makers certainly are)?

We've all heard about the First Amendment implications of DeCSS code, the code for decrypting the copy-protection scheme on DVDs, being outlawed in the U.S. But the Streambox case set the bar for "violating the DMCA" considerably lower -- the Streambox Ripper didn't actively decrypt anything, it just ignored a flag set in the streaming media. What are the implications if "ignoring" a flag counts as "breaking" copy protection? Suppose Behemoth Corp releases Version 1 of some media format, and I release a third-party player that plays Version 1. Then Behemoth Corp releases the specs for Version 2 of the format, which is similar enough that it works in Version 1 players, except Version 2 now contains a "do-not-copy" flag, which my player doesn't know about. Is my player now illegal? (Well, in this case Behemoth Corp would just make sure that Version 2 doesn't play in Version 1 players. But what about general-purpose programs like Total Recorder that can record any sound playing through your computer to an MP3 file? Does that program become illegal if a company releases a new sound file format that they don't want to be copyable?) So I think the acceptance of RealPlayer has nudged us closer to legal acceptance of software that can interact with third-party sites and programs in a way that their makers don't like. That's good. It should not be against the law to make a program that interacts with third-party web sites in a way that they haven't given permission for, something I literally grew up saying.

It's brave of Google especially to be distributing RealPlayer along with the Google Pack, at the same time that YouTube is constantly attacked for enabling copyright violations. A content owner mounting a lawsuit against Google, would be foolish not to say something like, "Your Honor, not only does YouTube host thousands of videos violating the intellectual property rights of my clients, they even distribute a tool called RealPlayer that lets people violate YouTube's own Terms of Service by saving the videos to their hard drive!" Logically, of course, it's a weak argument -- RealPlayer is universally available whether Google distributes it or not -- but rhetorically the argument is golden.

On the other hand, since that hasn't happened, and RealPlayer 11 is pretty well entrenched after being out for a year, the result has probably been an expansion of our rights. Anyone else who got sued or threatened for releasing a ripping program would be able to point to RealNetworks. "Look at them, Your Honor, their Web site even tells people, 'Grab videos from thousands of Web sites with just one click', something that those 'thousands of Web sites' would probably not be thrilled with. If it's legal for RealNetworks to tell people that, how can it be illegal for me just to have a ripping program on my site?"

If a small-time programmer had made themselves a legal test case before RealPlayer 11 came out, things might have gone differently; it is an unfortunate truth that courts are probably more likely to consider something legal when it is done by a large and legitimate-looking company like RealNetworks. Big companies do well in court partly because their lawyers are paid to make good arguments, but they almost certainly also get more benefit of the doubt just by virtue of being big companies. I think the time is long overdue for using controlled experiments to measure the bias and objectivity of judges -- for example, having different actors, one white and one black, go into different courtrooms for "mock trials" (which the judges think are real), where both actors are standing trial for exactly identical crimes and their lawyers say exactly identical things, and repeat this experiment enough times to see how differently black and white defendants are treated. (We already see this, for example, in the disparity of sentences for powder cocaine vs. crack, but skeptics may have a point when they say that's not a controlled experiment, because the effects of crack and cocaine are different.) Similarly, have mock trials where a small-time "activist" and a large company are sued for doing exactly the same thing. I would bet that the disparity in the outcomes of those cases would far exceed any bias due to race or gender.

But since it was RealNetworks, with their lawyers and their NASDAQ listing and their former exec in the U.S. Senate, that brought ripping to the masses, that probably makes it OK for you and me. It's not fair, but in this case, it's a good thing.

funfail writes "It's a Wii without the $250 console. It's virtual Pong and so much more. Any object is now an input device, even your fingers. Camspace is a pure software solution that allows nearly any ordinary PC webcam (95% are supported) to track up to four objects — even as small as 5mm — in real-time and with very high accuracy and reliability (Windows only). Techcrunch has an in-depth article and a video." Very neat idea, but it appears that it is in a limited beta only, and source doesn't appear likely.

andrewmin writes "iCall, a company well known for offering free VoIP calling for Windows users, has just announced the first iPhone app that offers free phone calls over WiFi. It's also one of the first legal (in other words, non-jailbroken) VoIP apps. I don't have an iPhone, but if I did, you can be assured that I'd be on this in a second."

An anonymous reader writes "After a Google user posted a profane picture of the Hindu saint Shivaji, Indian authorities contacted Google to ask for his IP address. Google complied. He was arrested and is reported to have been beaten by a lathi and asked to use the same bowl to eat and to use in the toilet. Not surprisingly, Google is a keen to play this down as Yahoo is being hauled over the coals by US Congress for handing over IP addresses and emails to the Chinese Government which resulted in a Chinese democracy activist being jailed." Readers are noting that these are 2 unrelated cases — the latter is several months old.

religious freak sends word of the public beta of Powerset, a closely watched San Francisco startup that promises an "understanding engine" to revolutionize Web search. An article in SearchEngineLand points out that Powerset is reaching higher than for mere "natural language." Techcrunch has more details and analysis. For the beta, Powerset makes available all of Wikipedia to search — not all the Web. It's said that their understanding engine required a month to grok Wikipedia's 2.5M articles. The Web is currently at least 8,000 times as large.

Pickens notes a TechCrunch analysis wondering — after Windows Vista and the failed Yahoo bid — whether Steve Ballmer's days at Microsoft are numbered. "Ballmer has been the big driver behind [the Yahoo] deal at Microsoft — some would say to the point of obsession. After the disaster that has been Windows Vista, Ballmer may have realized he needed to redeem himself in the eyes of Microsoft's board. And the 'transformative' deal with Yahoo was the way he was going to do it... If Microsoft's board loses patience with him, it might have to ask Bill Gates to temporarily come back as CEO until it finds a replacement. After all, Ballmer has already made a strong and convincing case for why Microsoft needs Yahoo to make its online and advertising strategy work. It's not clear whether Microsoft can achieve its objectives on its own or through other acquisitions. Maybe Ballmer thinks he can still do the deal by making Yahoo's stock price collapse and come back with a hostile offer."

Raster Burn writes "According to TechCrunch, Twitter has plans to abandon Ruby on Rails after two years of scalability issues. Candidates to replace Rails are said to be PHP, Java, and Ruby without the Rails framework." The post links a brief comment (at 139 characters, probably a tweet) from Twitter founder Ev Williams saying it ain't so. The comments following the post embody the controversy over whether or not RoR sucks.

Wowsers writes "The Register reports that customers have found that their defunct or forgotten-about sub-domains have been taken over by Network Solutions to send users to ad pages. By digging through a 59K-word user agreement, you can find the following text: 'You also agree that any domain name directory, sub-directory, file name or path (e.g.) that does not resolve to an active web page on your Web site being hosted by Network Solutions, may be used by Network Solutions to place a "parking" page, "under construction" page, or other temporary page that may include promotions and advertisements for, and links to, Network Solutions' Web site...'" TechCrunch first brought this NetSol practice to light, and Ars explained how to opt out of it if you host there.

DesScorp sends a link to a TechCrunch interview in which GOP presidential candidate Mitt Romney answers questions of interest to techies. Included are questions on H-1B visas, Internet taxation, venture capital taxation, alternative energy, and carbon emissions. Finally, we learn that Romney is a PC guy, and get a summary of what's on his iPod.

babooo404 writes "Jimmy Wales' latest project, Search Wikia has launched into alpha this morning. Most reviews have been negative. The system is a 'social search' and uses the Nutch search algorithm. You can friend people along with creating profiles, and the system uses a Wikipedia-style format for 'mini articles.'"

Mass Defect writes "While the RIAA continues to sue people for p2p file sharing, the record labels have made an about-face and given their blessing to users sharing MP3s via the social networking site imeem.com. In May this year the site was being sued by Warner for allowing users to upload photos, videos, and music to share. However to everyone's amazement, instead of being flattened, imeem.com managed to convince the label that this free promotion was a good thing. In July imeem.com signed a deal with the label. Since then the site has added Sony, BMG, EMI, and now the biggest fish of them all, Universal. Imeem now has the royal flush of record labels supporting its media-sharing service, each getting a cut of the advertising revenues generated by their catalog. Finally someone has figured out a way to do 'YouTube for MP3s' without getting sued out of existence."

jessekeys writes "Two days ago an article on TechCrunch about IRSeeK revealed to the community that a service logs conversations of public IRC channels and put them into a public searchable database. What is especially shocking for the community is that the logging bots are very hard to identify. They have human-like nicks, connect via anonymous Tor nodes and authenticate as mIRC clients. IRSeeK never asked for permission and violates the privacy terms of networks and users. A lot of chatters were deeply disturbed finding themselves on the search engine in logs which could date back to 2005. As a result, Freenode, the largest FOSS IRC network in existence, immediately banned all tor connections while the community gathered and set up a public wiki page to share knowledge and news about IRSeeK. The demands are clear: remove all existing logs and stop covert operations in our channels and networks. Right now, the IRSeeK search is unavailable as there are talks talking place with Freenode Staff."

avjt writes "Microsoft has terminated its CIO Stuart Scott for 'violation of company policies'. They won't elaborate. Now what do you think this guy has done?" Ya know, I'm positive someone reading this story knows the answer to the mystery... and they could post it anonymously and be totally fine because there will be a hundred other totally wrong guesses and it would be completely impossible to distinguish the two ;)

SkiifGeek writes "Microsoft employees have already openly criticized Google's OpenSocial initiative (recently discussed here), and now there's news that one of the first OpenSocial applications, emote by Plaxo, was hacked within 45 minutes of appearing on the Net (it was subsequently pulled while Plaxo looked into fixing the holes). Although coding errors can happen to anyone, leaving evidence of lax programming discipline when all it takes to view your code is 'View Source' is poor form. It seems that the battle lines have been drawn between Microsoft and Google through their social networking proxies, with Facebook getting ready to fire the next salvo in the social networking battle."

SkiifGeek writes "Microsoft employees have already openly criticized Google's OpenSocial initiative (recently discussed here), and now there's news that one of the first OpenSocial applications, emote by Plaxo, was hacked within 45 minutes of appearing on the Net (it was subsequently pulled while Plaxo looked into fixing the holes). Although coding errors can happen to anyone, leaving evidence of lax programming discipline when all it takes to view your code is 'View Source' is poor form. It seems that the battle lines have been drawn between Microsoft and Google through their social networking proxies, with Facebook getting ready to fire the next salvo in the social networking battle."

NewsCloud writes "After tonight's Breaking Open Facebook with Free Open Source Software, TechCrunch reports Google plans to announce an open API for social networking tomorrow. "OpenSocial is a set of three common APIs, defined by Google with input from partners, that allow developers to access core functions and information at social networks: 1) Profile Information (user data) 2) Friends Information (social graph) and 3) Activities (things that happen, News Feed type stuff)" Says Om Malik: "OpenSocial attacks Facebook where it is the weakest (and the strongest): its quintessential closed nature...Even if you take Facebook out of the equation, the task of writing and adapting widgets for the every increasing number of social platforms was going to be turn into a colossal mess.""

Bayscribe writes "A Silicon Valley company co-founded by a 12-year-old has just raised $6.5 million in venture capital. PlaySpan, based in Santa Clara, Calif. says it offers game publishers a technology that lets users make payments and shop for other items. It calls itself the first "publisher-sponsored in-game commerce network." Arjun Mehta, a 6th grader, says on his Web site that he is passionate about software that can make the game experience more "rewarding," and that he started the company last year in his garage. He paid for it from earnings made from selling online game items he won."

TechCrunch is reporting that Yahoo has acquired the open source office suite Zimbra for $350 Million in cash. Zimbra has been in and out of the news over the last couple of years for their office suite, and recently launched offline capabilities. "The company has raised $30.5 million over three rounds of funding from Benchmark Partners, Redpoint Ventures, Accel Capital, Sumitomo and Duff, Ackerman & Goodrich. They announced 6 million paid mailboxes back in March, and more recently inked a deal with Comcast that brings another 12 million potential subscribers."

NaijaGuy writes "Facebook has purchased Parakey for an undisclosed sum. We have previously discussed how Facebook recently opened up development opportunities for third-party developers. With this acquisition some observers have noted that Facebook might be trying to become a Google alternative, by providing an application development platform based on Parakey's technology. Facebook's 'Web OS' has also been discussed, and the company has made headlines partly because of the fame of one of its founders. Blake Ross helped launch Firefox, and it was enthusiasm for helping less geeky users like his mom to thrive on the web that got him through the doors of Netscape at the age of 15. A recent interview charts how that same enthusiasm led him to start Parakey, 'a Web operating system that can do everything an OS can do.'"

Aditi.Tuteja writes "RealPlayer is coming up with a free version in June which will allow one-click video ripping. This free downloadable video player will allow anyone to save and organize video files in all major formats including Flash, QuickTime, RealMedia and Window Media and will support video ripping from websites like YouTube or more. The new RealPlayer will not download or record video that is DRM-enabled."

prostoalex writes "Facebook is now allowing third-party developers to create pages within the site. Developers can use a combination of the Facebook API and a subset of HTML to create interactive pages accessible from within Facebook. Users retain complete control over which applications they want to have installed, and which applications they want to see on other people's profile. Developers can build on top of Facebook's social grid, and in case of a popular application gain distribution through Facebook newsfeed."